Chapter 3 — Chapter 3

and ordinances. If any other statute or regulation or other local ordinance, resolution or regulation adopted under authority of Sections 3-21-1 through 3-21-14 NMSA 1978 is applicable to the same premises, the provision shall govern which requires: A. the greater width or size o…

A county zoning authority may contract for staff assistance and the service of another body if the other body is a: A. state agency; B. federal agency; C. private planning agency; or D. planning or zoning commission of a municipality within the county. History: 1953 Comp., § 14-2…

A. Counties having authority to regulate building and zoning under Sections 3-21-1 through 3-21-14 NMSA 1978, may enact ordinances to carry out that authority the same as a municipality, except where inconsistent with statutory or constitutional limitations placed on counties. Th…

A. Ordinances authorized under Section 3-21-13 NMSA 1978 may be proposed by any member of the board of county commissioners but shall not be submitted to the board for final passage until after publication. B. A majority of the board members may order publication of the title and…

This act [3-21-15 to 3-21-26 NMSA 1978] may be cited as the "Special Zoning District Act." History: 1953 Comp., § 14-20-13, enacted by Laws 1965, ch. 206, § 1.

The purpose of the Special Zoning District Act [3-21-15 to 3-21-26 NMSA 1978] is to promote the health, safety, morals and general welfare of persons residing in areas outside the boundary limits of incorporated municipalities. History: 1953 Comp., § 14-20-14, enacted by Laws 196…

As used in the Special Zoning District Act [3-21-15 to 3-21-26 NMSA 1978]: A. "person" includes one or more individuals, partnerships, associations, corporations, the state, any political subdivisions of the state and its agencies; B. "district" means special zoning district; C. …

A special zoning district is created in an area consisting of no more than twenty thousand contiguous acres that is outside the boundary limits of an incorporated municipality when: A. there are at least one hundred fifty single family dwellings within the area; B. at least fifty…

A zoning commission consisting of five members shall be elected by the registered electors residing within the district in accordance with the provisions of the Local Election Act [Chapter 1, Article 22 NMSA 1978]. Members of the commission shall be residents of the district, and…

To carry out the purposes of Sections 3-21-1 through 3-21-14 NMSA 1978: A. a county zoning authority may adopt a zoning ordinance applicable to all or any portion of the territory within the county that is not within the zoning jurisdiction of a municipality; B. a municipal zonin…

certain areas; election allowed. A municipality that has a population of one thousand five hundred or less at the last federal decennial census and that is partially bordered, at the time of that census, by federal land managed by the United States forest service, may change the …

Election of members to the commission shall be conducted pursuant to the Local Election Act [Chapter 1, Article 22 NMSA 1978]. History: 1953 Comp., § 14-20-18, enacted by Laws 1965, ch. 206, § 6; 2018, ch. 79, § 62.

A. The commission shall have power within the district as part of the building and zoning ordinances, regulations and restrictions adopted by it in the manner otherwise provided by law, to regulate and restrict: (1) the height, number of stories and size of buildings and other st…

The procedure for the commission in establishing, amending or repealing the ordinances, regulations or restrictions provided in the Special Zoning District Act [3-21- 15 to 3-21-26 NMSA 1978] shall be the same as for the governing body of counties in Sections 3-21-5 through 3-21-…

The commission may provide by ordinance for the enforcement of the Special Zoning District Act [3-21-15 to 3-21-26 NMSA 1978]. A violation of the Special Zoning District Act, or any ordinance made thereunder, is a misdemeanor. If the Special Zoning District Act or any ordinance m…

The ordinances enacted under the authority of the Special Zoning District Act [3-21- 15 to 3-21-26 NMSA 1978] shall be enforced by the district attorney and the sheriff of the county or counties in which the district is situate. History: 1953 Comp., § 14-20-22, enacted by Laws 19…

Any person aggrieved by any regulation, restriction, or ordinance made by the commission may file a claim for relief in the district court. History: 1953 Comp., § 14-20-23, enacted by Laws 1965, ch. 206, § 11.

district; fees. All necessary costs incurred by the zoning commission of a special zoning district in connection with official acts performed pursuant to the Special Zoning District Act [3-21- 15 to 3-21-26 NMSA 1978] shall be borne by the parties in interest. Provided, that the …

A. Upon the initiative of any municipal governing body or of the board of county commissioners of any county wherein any portion of the extraterritorial zoning area of the municipality lies, the municipality and the county may enter into an agreement providing for the zoning of t…

subdivision regulation. In addition to the powers authorized in Sections 3-21-2, 3-21-3 and 3-21-4 NMSA 1978, any county and any municipality may agree to authorize a joint municipal-county zoning authority to enact ordinances, regulations, or both, relating to approval and regul…

A. In a class A county in which a municipality is located that has a population of: (1) more than three hundred thousand persons according to the last federal decennial census, there shall be no extraterritorial zoning; or (2) three hundred thousand or fewer people, concurrent ex…

for certain counties. A class A county with a population, as shown by the most recent federal decennial census, of greater than one hundred fifty thousand and less than four hundred thousand and a municipality within that county may exercise concurrent authority pursuant to an ex…

administration; appeals. A. A zoning ordinance adopted by a joint municipal-county zoning authority shall be an ordinance of the municipality and an ordinance of the county joining in the agreement pursuant to Subsection A of Section 3-21-3 NMSA 1978 and may be enforced by approp…

law. Notwithstanding any other provision of law to the contrary, all zoning ordinances adopted by class A counties pursuant to Section 15-36-26 NMSA 1953 (being Laws 1961, Chapter 21, Section 1, as amended) are valid and enforceable as of their effective dates and as they may hav…

A. The regulations and restrictions of the county or municipal zoning authority are to be in accordance with a comprehensive plan and be designed to: (1) lessen congestion in the streets and public ways; (2) secure safety from fire, flood waters, panic and other dangers; (3) prom…

boundaries of district; public hearing required; notice. A. The zoning authority within its jurisdiction shall provide by ordinance for the manner in which zoning regulations, restrictions and the boundaries of districts are: (1) determined, established and enforced; and (2) amen…

report and hearing. The zoning authority, within its jurisdiction, may: A. act as a zoning commission; B. designate the planning commission to act as a zoning commission; or C. appoint a zoning commission, which shall recommend the boundaries of the various original districts and…

A. The zoning authority shall provide by resolution the procedure to be followed in considering appeals allowed by this section. B. Any aggrieved person or any officer, department, board or bureau of the zoning authority affected by a decision of an administrative officer, commis…

A person aggrieved by a decision of the zoning authority or any officer, department, board or bureau of the zoning authority may appeal the decision pursuant to the provisions of Section 39-3-1.1 NMSA 1978. History: 1953 Comp., § 14-20-7, enacted by Laws 1965, ch. 300; 1998, ch. …

This act [3-21A-1 to 3-21A-8 NMSA 1978] may be cited as the "Manufactured Housing and Zoning Act". History: Laws 1987, ch. 196, § 1.

As used in the Manufactured Housing and Zoning Act: A. "multi-section manufactured home" means a manufactured home or modular home that is a single-family dwelling with a heated area of at least thirty-six by twenty- four feet and at least eight hundred sixty-four square feet and…

In the exercise of any of the powers and duties conferred by law, no governing body of a political subdivision of the state or any planning and zoning agency thereunder shall exclude multi-section manufactured homes from a specific-use district in which site- built, single-family…

In the exercise of any of the powers and duties conferred by law, a governing body of a political subdivision of the state, or any planning or zoning agency thereunder, may regulate the occupancy or location of dwelling units in such a way as to effect the reasonable regulation o…

A. No ordinance or regulation authorized by the Manufactured Housing and Zoning Act shall regulate the original construction of the manufactured home or mobile home. B. No ordinance or regulation otherwise authorized or permitted by the Manufactured Housing and Zoning Act shall b…

restrictions. A. Nothing in the Manufactured Housing and Zoning Act or any ordinance or regulation adopted pursuant thereto shall be construed as abrogating or limiting a recorded restrictive covenant or deed restriction. B. The provisions of the Manufactured Housing and Zoning A…

The Manufactured Housing and Zoning Act shall apply to all municipalities and counties except that the Manufactured Housing and Zoning Act shall not apply to any ordinance or regulation adopted by a home rule municipality which was adopted prior to January 1, 1987 or an ordinance…

Notwithstanding any other provisions of law for inspection of manufactured housing, a municipality over 100,000 in population located in a class "A" county may establish a manufactured housing inspection program to inspect foundations, tie-downs and utility service hookups and li…

Chapter 3, Article 22 NMSA 1978 may be cited as the "Historic District and Landmark Act." History: 1953 Comp., § 14-21-1, enacted by Laws 1965, ch. 300; 1983, ch. 178, § 1.

As used in the Historic District and Landmark Act, "landmark" means a structure or site of historical interest. History: 1978 Comp., § 3-22-1.1, enacted by Laws 1983, ch. 178, § 2.

The legislature of the state of New Mexico hereby declares that the historical heritage of this state is among its most valued and important assets and that it is the intention of the Historic District and Landmark Act to empower the counties and municipalities of this state with…

Any county or municipality otherwise empowered by law to adopt and enforce zoning ordinances, rules and regulations is hereby empowered to create, as part of the building and zoning regulations and restrictions adopted by it in the manner otherwise provided by law and in accordan…

funds, to enter [into] agreements and, where necessary, exercise power of eminent domain. Any county or municipality is hereby empowered to expend public funds for any purposes connected with the preservation, protection or enhancement of historical areas and landmarks, areas rel…

Nothing in the Historic District and Landmark Act shall be construed to limit any existing inherent, statutory or other powers under which any county or municipality has enacted appropriate measures regarding historic areas and landmarks. History: 1953 Comp., § 14-21-5, enacted b…

buildings; limitation. A. Recognizing the fragility of the state's historic heritage, the purpose of this section is to establish a procedure under which the state and its municipalities and counties will commit to collaborate in good faith and work jointly to preserve and protec…

of water service for nonpayment of charges; supplemental method. A. A municipality, including an entity established pursuant to Section 72-1-10 NMSA 1978, may require a reasonable payment in advance or a reasonable deposit for water, electricity, gas, sewer service, geothermal en…

A. A municipality may establish a municipal board of utility commissioners to manage and operate a municipal utility. The board of utility commissioners is responsible for the administration of the affairs of the utility. Members of the board of utility commissioners shall be app…

and provide service; fee. A. A municipality may, by ordinance, acquire, operate and maintain a municipal utility to provide for storm water service for the collection, treatment, storage or disposal of storm water. B. A municipality may require each person owning or controlling r…

A. No municipality shall acquire a municipal utility from funds acquired from the issuance of revenue bonds until the question of acquiring the utility is submitted, at a regular local election or special election, to a vote of the qualified electors of the municipality, and a ma…

commission. A. If the acquisition of a utility is to be financed from funds received from the issuance and sale of revenue bonds, the price of the acquisition of the utility shall be approved by the New Mexico public utility commission [public regulation commission] and the commi…

A. Income derived from the operation of a municipal utility that has funds received from a revenue bond issue shall be used in the following priority: (1) to maintain the municipal utility in good repair and to pay legitimate expenses of operation; (2) to pay interest on revenue …